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(영문) 대법원 2015.08.27 2013다101586

부당이득금

Text

The appeal is dismissed.

The costs of appeal shall be borne by the plaintiff (appointed party) and the appointed party F.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

According to the reasoning, the court below determined that the evidence submitted by the plaintiff (appointed party) is not sufficient to recognize that the defendant (Appointed party), the appointed party D, E, and the defendant C had committed an illegal act, such as neglecting the illegal act or obtaining unjust enrichment by exercising the right on the premise that the above loan claims still exist, even though the loan claims had already been extinguished due to repayment of the loan claims by the plaintiff (Appointed party) against the defendant (Appointed party). However, it is insufficient to recognize that the defendant (Appointed party) and the defendant C conspired with the defendant to receive the deposit by forging the power of attorney, etc. under the name of the plaintiff and received the deposit, dismissed the plaintiff (Appointed party), or committed an illegal act such as perjury

In light of the records, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there are no errors in violation of logical and empirical rules and free evaluation of evidence.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the plaintiff (appointed party) and the appointed party F. It is so decided as per Disposition by the assent of all participating Justices.